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Supporting Statement for a Request for OMB Review under

The Paperwork Reduction Act

1 IDENTIFICATION OF THE INFORMATION COLLECTION

1(a) Title and Number of the Information Collection

Title: TSCA Section 8(a) Preliminary Assessment Information Rule (PAIR)

EPA ICR No.: 0586.11 OMB Control No.: 2070-0054

1(b) Short Characterization

On June 22, 1982, EPA promulgated the generic section 8(a) Preliminary Assessment 

Information Rule (PAIR) (40 CFR part 712) under the Toxic Substances Control Act (TSCA) 

(15 U.S.C. 2607). EPA uses PAIR to collect information to identify, assess, and manage human 

health and environmental risks from chemical substances, mixtures and categories. PAIR 

requires chemical manufacturers and importers to complete a standardized reporting form to help

evaluate the potential for adverse human health and environmental effects caused by the

manufacture or importation of identified chemical substances, mixtures or categories.

Chemicals identified by the existing chemical review program, any other EPA office or 

federal agency, for which a justifiable information need for production, use, or exposure-related 

data can be satisfied by the use of the PAIR, is a proper subject for a chemical-specific TSCA 

section 8(a) PAIR rulemaking. Many of the chemical substances, mixtures and categories listed 

in 40 CFR part 712 have been recommended by the Interagency Testing Committee (ITC) to 

EPA for test rule consideration. In most instances, such as in a preliminary risk determination, or 

in reaching a decision whether testing of a chemical is necessary to satisfy an identified data 

need, the information that EPA receives from a PAIR report is sufficient to satisfy its 

information needs.

This information collection activity also covers certain specific chemical testing and 

reporting requirements under Subpart B of 40 CFR part 766 that are very similar to the PAIR 

requirements. The Agency rarely receives submissions of the information required by 40 CFR 

766. EPA received no more than five submissions over the course of the last OMB approval for 

this particular aspect of the information collection. However, collection of this information is 

covered under the PAIR ICR because the requirements are similar and because the Paperwork 

Reduction Act requires that recordkeeping and reporting activities contained in any regulation be 

approved by OMB even if they involve less than ten respondents or would otherwise not require

approval (see 5 CFR 1320.3(c)(4)(i)).

The dibenzo-para-dioxin/dibenzofuran regulations at part 766 require that any person 

who manufactures, imports, or processes a chemical substance listed at 766.25 tests that 

chemical substance and submit appropriate information to EPA according to the schedules 

described in at 766.35. These chemical substances are subject to testing immediately upon 

manufacture, import or processing. Persons who manufacture or import a chemical substance 
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listed under 766.25 must report results, using the Dioxin/Furan Report Form 7710-51 of all 

existing test data that show that chemical substance has been tested for the presence of 

halogenated dibenzodioxins/halogenated dibenzofurans (HDDs/HDFs), as defined in the 

regulation, no later than 90 days after the person first manufactures or imports the chemical

substance. (Copies of EPA Form 7710-51 are available from the Office of Pollution Prevention 

and Toxics’ (OPPT) National Program Chemicals Division. Additionally, any manufacturer or 

importer of a chemical substance listed in 766.25 in possession of unpublished health and safety 

studies on HDDs/HDFs is required to submit copies of such studies to EPA, in accordance with 

various provisions of 40 CFR 716, no later than 90 days after the person first manufactures or 

imports the chemical substance.

2 NEED FOR AND USE OF THE COLLECTION

2(a) Need/Authority for the Collection

Under TSCA, which covers the production, distribution, and disposal of commercial and 

industrial chemicals in the United States, EPA’s Office of Pollution Prevention and Toxics 

(OPPT) is charged with the responsibility for assuring that chemicals made available for sale and 

use in the United States do not pose any unreasonable adverse risks to human health or to the 

environment. To carry out this mandate, EPA has broad authority to issue regulations designed to 

gather health/safety and exposure information on, require testing of, and control exposure to 

chemical substances and mixtures. Drugs, cosmetics, foods, food additives, pesticides, and 

nuclear materials are exempt from TSCA and are subject to control under other U.S. Government

statutes (e.g., foods, food additives, drugs and cosmetics are under the purview of the Federal 

Food, Drug, and Cosmetic Act (FFDCA)).

TSCA section 8(a) gives EPA the authority to promulgate rules under which manufacturers 

(which by statute includes importers) and processors of chemical substances must maintain 

records and/or report such data as EPA may reasonably require to carry out the TSCA mandates. 

Examples of information that can be required to be reported under TSCA section 8(a) include:

- chemical or mixture identity;

- categories of use;

- quantity manufactured or processed;

- by-product description;

- health and environmental effects information;

- number of individuals exposed; and

- method(s) of disposal

Section 8(a) regulations can be tailored to meet unique information needs (e.g., via 

chemical-specific rules, which are covered under EPA ICR #1198, OMB Control #2070-0067) or 

information can be obtained via the use of “model” or standardized reporting rules. One example 

of a model TSCA section 8(a) reporting rule is the “Preliminary Assessment Information Rule” 

(or PAIR). Under PAIR, producers and importers of a listed chemical are required to report the 

following site-specific information on a two-page form (described in more detail in section 0 of 

this Supporting Statement):
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- Quantity of chemical produced and/or imported;

- Amount of chemical lost to the environment during production or importation;

- Quantity of enclosed, controlled and open releases of the chemical; and

- Per release, the number of workers exposed and the number of hours exposed.

Exemptions for such reporting are as follows:

- Production or importation for the sole purpose of research and development (R&D);

- Production or importation of less than 500 kilograms during the reporting period at single 

plant site;

- Companies whose total annual sales from all sites owned by the domestic or foreign 

parent company are below $30 million for the reporting period and who produced or 

imported less than 45,400 kilograms of the chemical; and

- Production or importation of the listed chemical solely as an impurity, a non-isolated

intermediate, and under certain circumstances as a by-product.

This Supporting Statement addresses the information collection activities associated with 

PAIR, which establishes procedures for chemical manufacturers and processors to report 

production, use, and exposure-related information on listed chemical substances. Subpart A 

establishes requirements that apply to all reporting under PAIR, and Subpart B covers 

manufacturers’ and processors’ reporting. Processors are not required to report PAIR information 

under this information collection.

In addition, as described in the previous section, this Supporting Statement addresses 

information collection activities associated with the reporting and recordkeeping requirements

contained in 40 CFR 766.

2(b) Use/Users of the Data

EPA uses PAIR data to (1) monitor domestic manufacture and/or importation of chemical 

substances, mixtures and categories, (2) identify possible routes of human or environmental 

exposure, (3) support regulations designed to prevent possible adverse health effects and (4) 

support EPA programs. The information provided by PAIR is needed to complete assessments of 

chemicals of interest and to assist in the development of regulations to control hazardous 

chemicals.

All EPA program offices are potential users of the PAIR. The information helps EPA 

evaluate the potential for adverse human health or environmental effects caused by the 

manufacture and importation of the identified chemical substance, mixture or category. If EPA 

does not monitor these parameters, adverse human health or environmental effects may occur 

without EPA’s knowledge. Without this information, EPA would not be able to evaluate the need 

for additional testing or further regulatory action.

Other federal agencies, which require data on the human health and environmental effects 

of a chemical, use PAIR information. States also have access to public portions of PAIR 

information. Public interest groups use information reported under the public portions of PAIR.
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3 NON-DUPLICATION, CONSULTATION AND OTHER COLLECTION CRITERIA

3(a) Non-Duplication

PAIR reporting data assist EPA in identifying, evaluating and managing the human health 

and environmental effects of chemical substances, mixtures and categories.

EPA has developed procedures that must be met to ensure that the chemicals added to the

rule and the information requested on these chemicals does not duplicate other activities or 

impose a burden on industry that outweighs the need for the data. These procedures are for rule 

promulgation and implementation:

(1) A continuing evaluation of the information collection and management activities;

(2) The management of the collected information;

(3) A chemical nomination, screening and selection process; and

(4) Technical assistance for persons subject to the rule.

It is unlikely that the information to be reported is duplicative because (1) EPA estimates 

that each rule will generate only a few reports, (2) the information required by the PAIR is 

unique to the manufacturer or importer, and (3) efforts are made to ensure that the information 

requested is not currently in the possession of EPA or easily obtained by EPA from other public 

sources. The following databases and sources of information are checked:

 The Chemical Screening Branch’s Existing Chemical Assessment Tracking System 

(CECATS), a database containing information on TSCA section 8(e) and For Your 

Information (FYI) submissions and Chemical Hazard Information Profiles (CHIPs);

 The Toxic Substances Control Act Test Submissions (TSCATS) database, an online

index to the compiled, unpublished health and safety studies submitted to EPA;

 The Registry of Toxic Effects of Chemical Substances (RTECS), a file containing

chemical toxicity data;

 LEXIS/NEXUS, a data network with a wide range of fields including information

published in the Code of Federal Regulations (CFR) and BNA’s Environmental Reporter 

and Chemical Regulation Reporter;

 The Toxicology Data Network (TOXNET), run by the National Library of Medicine; and

 The Toxic Substances Control Act section 8(b) inventory data (CICIS) and inventory

update data (CUS).

Similar searches are conducted for each list of chemical substances, mixtures or

categories added to the PAIR.

Some chemicals in PAIR are referred to EPA by other federal agencies. These agencies 

conduct searches of their own databases for existing chemical information before they refer any 

chemical to EPA. Referrals are made to EPA only after a decision has been made that an 

agency’s existing chemical information is inadequate to meet its needs.
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3(b) Public Notice Required Prior to ICR Submission to OMB

Prior to submission to OMB, this ICR will be made available to the public for comment 

through a Federal Register notice. The public will have 60 days to provide comments. Any

comments received will be given consideration when completing the supporting statement that is 

submitted to OMB.

3(c) Consultations

On numerous occasions, EPA has published in the Federal Register notices requesting 

comments on the reporting requirements of TSCA section 8(a) PAIR rules. Industry and 

environmental groups generally respond to these requests for comment.

The American Chemistry Council (ACC), formerly the Chemical Manufacturers

Association (CMA), has responded to several Federal Register notices. The ACC is a nonprofit 

trade association whose members account for more than 90 percent of the total U.S. production 

capacity for basic industrial chemicals. The ACC encourages EPA to use PAIR and has not 

strongly objected to any of the information requirements contained in PAIR.

The Natural Resources Defense Council (NRDC) has also responded to Federal Register 

notices. NRDC is a national nonprofit environmental organization dedicated to the protection of 

human health and the environment. NRDC generally urges EPA to adopt a more detailed set of 

information requirements.

Also, EPA routinely consults with other federal agencies (e.g., OSHA, CPSC, DOT). 

These consultations include exchanging information on existing chemicals, and referrals of 

chemicals to EPA by other federal agencies for information collection when the other agency’s 

own authority or information collection requirements have not met their information needs.

In addition to the public notice and comment period required by the OMB regulations 

that implement the Paperwork Reduction Act (see section 3(b) of this Supporting Statement), the 

OMB regulations, 5 CFR 1320.8(d)(1), also require agencies to consult with potential ICR 

respondents and data users about specific aspects of an ICR before the agency submits the ICR to 

OMB for review and approval. In accordance with this regulation and based on OPPTS 

Regulatory Coordination Staff guidance, EPA will solicit comments from potential ICR 

respondents and data users with respect to the renewal of this ICR.

3(d) Effects of Less Frequent Collection

Under PAIR, persons are required to report only once for a chemical listed in the PAIR. 

However, if information received from the initial report indicates human health and 

environmental risks, then the Agency may require that additional information be submitted at 

some future date to monitor any changes pertaining to that chemical. As such, the reporting 

frequency for PAIR cannot be reduced without effectively suspending the information collection 

requirement.
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3(e) General Guidelines

This collection does not exceed any of the Paperwork Reduction Act guidelines at 5 CFR 

1320.6. Note that when this information collection was approved by OMB in October 2001, 

OMB established the following terms of clearance:

“The Agency shall ensure that the approximate annual burden estimates for each PAIR

rule are provided in the preamble to each rule. Upon renewal of this ICR, the Agency

shall provide a list of the chemicals covered by the final PAIR rules issued by EPA over

the next three years.”

Accordingly, in the preamble to each PAIR rule, EPA provides an annual burden estimate 

for the rule. The list of chemicals in those final PAIR rules, along with the burden estimate 

provided for those rules, is generally found in this supporting statement. However, this 

supporting statement contains no such information because no PAIR rules were issued over the 

last three years. 

3(f) Confidentiality

Submitters may designate information reported under PAIR and subpart B of 40 CFR 766 

as confidential business information (CBI). EPA has implemented procedures to protect any 

confidential, trade secret or proprietary information from disclosure. These procedures comply 

with EPA’s confidentiality regulations at 40 CFR part 2, subpart B, and TSCA section 10.

3(g) Sensitive Questions

This information collection does not include questions of a sensitive nature.

4 THE RESPONDENTS AND THE INFORMATION REQUESTED

4(a) Respondent NAICS Codes

PAIR’s respondents are manufacturers and importers of chemical substances, mixtures or 

categories. Respondents affected by this collection are included primarily in the following 

NAICS codes:

3251 Basic Chemical Manufacturing

3252 Resin, Synthetic Rubber, and Artificial Synthetic Fibers and Filaments

Manufacturing

3255 Paint, Coating, and Adhesive Manufacturing

3253 Pesticide, Fertilizer, and Other Agricultural Chemical Manufacturing

3259 Other Chemical Product and Preparation Manufacturing

32411 Petroleum Refineries
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4(b) Information Requested

(i) Data Items

PAIR requires manufacturers or importers of the listed chemical substances, mixtures or 

categories to report to EPA information such as the substances’ chemical identification, quantity

produced or imported, chemical processes, employee exposure, environmental releases, uses and 

products. Respondents are only required to report information that is known or reasonably 

ascertainable by them. As described in the previous section, extensive files searches are not 

required. The PAIR reporting requirements are included in the PAIR form and instructions (EPA 

Form 7710-35).

(ii) Respondent Activities

A representative respondent would engage in the following activities:

 Conduct an initial review of the rule to determine if their company must report;

 Familiarize themselves with the PAIR reporting form;

 Complete the PAIR reporting form;

 Provide trade name notification;

 Indicate CBI status if so desired; and

 Keep a copy for recordkeeping requirements.

The PAIR generally requires one-time reporting and establishes the reporting period for 

the listed chemical substances, mixtures or categories. Typically, the reporting period is 30 days 

from the effective date of the PAIR rule. Effective dates of PAIR rules are typically 30 days after 

publication of the rule in the Federal Register. In other words, the reporting period is typically

60 days from the publication of a final PAIR rule in the Federal Register. Therefore, a reporting 

schedule is not required.

5 THE INFORMATION COLLECTED - AGENCY ACTIVITIES, COLLECTION 

METHODOLOGY AND INFORMATION MANAGEMENT

5(a) Agency Activities

The activities routinely conducted by EPA related to the rule development, processing, 

analysis and storage of the information collected under a PAIR rule are as follows:

Chemical nomination, review and selection;

 Rule development;

 Evaluation of the rule (including impact assessments);

 Industry/public assistance;

 Compliance monitoring; and

 Processing of data received for listed chemicals (includes receipt, dissemination, 

evaluation, etc.).
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5(b) Collection Methodology and Management

The PAIR requires respondents to submit TSCA section 8(a) notices to the Information 

Management Division, Office of Pollution Prevention and Toxics (OPPT), using EPA Form 

7710-35. Information collected under PAIR is logged in and assigned a document control 

number (DCN), distributed to appropriate EPA personnel for further processing, review, 

analysis, etc. The information is maintained by EPA’s Information Management Division.

5(c) Small Entity Flexibility

In accordance with TSCA section 8(a)(1)(B), PAIR contains a small business exemption. 

A manufacturer or importer is considered a small business if (1) the firm’s total annual sales 

when combined with those of its parent company (if any) are less than $30 million for the 

reporting period and (2) its total production and/or importation of the chemical substances, 

mixture or category, for the reporting period, does not exceed 100,000 pounds (45,000 

kilograms) at an individual site owned and controlled by the firm.

The small manufacturer/importer exemptions apply to PAIR, regardless of which office 

or agency nominates a chemical. In some instances, the EPA Administrator can remove these 

exemptions on a chemical-specific basis, provided notice and comment rulemaking is utilized. 

EPA expects that those offices that have a critical need for reporting from small businesses 

usually exempt from PAIR reporting will use other mechanisms to gather the data. EPA does not 

expect to issue a PAIR rule during the next 3 years that would impact such small businesses.

5(d) Collection Schedule

Information collection under PAIR occurs after publication of a Federal Register notice 

establishing the reporting period for the listed chemical substances, mixtures or categories. 

Respondents are asked to respond once, within 30 days of the effective date of the final PAIR 

rule (which is usually 30 days after publication of the rule in the Federal Register). The Agency

has no plans to publish the data collected by PAIR, although non-CBI information may be made 

available to the public upon request.

6 ESTIMATING THE BURDEN AND COST OF THE COLLECTION

6(a) Estimating Respondent Burden

This section presents the Agency’s estimates of the burden associated with the reporting 

and recordkeeping requirements under the TSCA section 8(a) PAIR. The total annual industry

burden for both reporting and recordkeeping is estimated to be 947.93 hours. These estimates are 

based on the level of PAIR reporting activity expected during the ICR period of FY 2012 

through 2014. In conducting any study that will be submitted to EPA under TSCA, the 

respondent must comply with the Good Laboratory Practice Standards (GLPS) at 40 CFR part 

792. Since the GLPS represent basic standard practices used by laboratories, any burden and 

costs related to the GLPS are fully captured in the cost and burden estimates provided below.
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The PAIR report is submitted on EPA Form 7710-35, which is two pages long (available 

on the Internet at http://www.epa.gov/opptintr/chemtest/pubs/pairform.pdf). The first page asks 

the respondent to provide basic identifying information, such as the identity of the chemical 

(CAS number), the physical location of the plant and mailing address of the responding entity. 

The second page requires the respondent to provide general information on the quantities of the 

chemical used and number of workers exposed and some additional information on the 

categories of products (e.g., industrial and consumer) associated with manufacture or processing 

of the reported substance.

Much of the information requested under this ICR is routinely collected by manufacturers 

and processors for the maintenance and upkeep of health and safety information but has not 

previously been made available to the Agency. This information should be readily available to 

the firm as it is generated and maintained as part of their normal business practices. In fact, the 

regulations specifically state that the respondent is not required to conduct an exhaustive search 

of their files (see 40 CFR 712.7). The EPA has reviewed the average per-report burden estimate 

in light of the Agency’s experience and feedback received from actual submitters. Our average 

estimate of 28.7 hours per response is consistent with that information.

The methodology used to develop these cost estimates follows principles that have been 

used in previous ICRs. The methodology and calculations used in this analysis assume the 

employee responsible for filling out the form has a reasonable level of familiarity with the 

company and knowledge of the operation at the site. The analysis deals with the marginal costs 

of complying with this specific request and not the total costs to the company of initial employee 

training and costs associated with collecting and storing records or of file maintenance that 

enable a company to comply with a range of other federal and state environmental, health and 

safety regulations or accounting requirements that rely on this type of information. The 8(a) 

PAIR requests are issued infrequently and based on conversations with respondents, this effort is 

similar to other efforts they perform which require familiarity with EPA, state and other federal 

agency requests for chemical information and does not involve additional familiarization or 

training to comply with information requested under this ICR.

The Agency is not asserting an exact measurement of the burden and costs that all

potential respondents will incur while complying with this information collection activity. The 

Agency’s burden and cost estimates are based on averages. Some respondents may indeed 

require more time to respond the information collection than the Agency’s estimated average of 

28.73 hours per report; however, the Agency believes some respondents will be able to complete 

their response activities in less time. The Agency also intends to continue to provide rule-specific 

estimates of burden and costs, presenting them in the preamble to the PAIR rule. Should the 

Agency determine in that context that this average estimate is insufficient, it will adjust the ICR 

accordingly. Upon renewal, EPA will reassess its burden estimate based on the next three-year 

approval period and make adjustments as appropriate.

Based on information provided by EPA’s Information Management Division (IMD), an 

average of 14.8 sites submitted a total of 33 reports per year (an average of 2.23 reports per site 

per year) during the period of FY 2006 through FY 2010. In general, the analysis uses data and 

methodological assumptions from previous economic analyses of the individual PAIR rules and 
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other government data sources. This analysis also assumes that future annual reporting levels 

will be similar to the annual reporting levels of the FY 2006 through FY 2010 period. The rate at 

which new PAIR rule chemicals are added is sporadic and not entirely predictable, but this

higher level of projected reporting is consistent with the Agency’s recent experience. A detailed 

description of the methodology used to derive the estimates follows.

Number of Sites and Reports per Site

The burden hour estimates in this analysis are based on an estimate of the level of PAIR 

reporting activity during the next three-year ICR approval period (FY 2012 to FY 2014). This, in 

turn, is related to the number of PAIR chemical reports and reporting sites. This report utilizes 

data from the fiscal years 2006 to 2010 and annualizes the number of sites reporting and the 

number of reports submitted to develop estimates of future burden. During the 2006 to 2010

period, an annual average of 14.8 sites (respondents) submitted 33 reports (forms), for an 

average of 2.23 reports per respondent. Some PAIR reports submitted during a given fiscal year 

may have resulted from chemicals added to the PAIR during the previous year.

Chemicals are added to the PAIR (via Federal Register notices) based on Interagency

Testing Committee reports as published in the Federal Register. The number of chemicals added 

to the PAIR recently is not used in estimating burden but are provided as background (Source: 

US EPA, CCD, Greg Schweer, (8(a) chemicals)).

Table 1 presents the submission statistics for section 8(a) PAIR reporting.

Table 1: Sites Reporting and PAIR Reports Submitted

Fiscal Year Sites Reporting Reports Submitted

2006 3 CBI

2007 68 CBI

2008 1 CBI

2009 0 CBI

2010 2 CBI

Totals 74 --

5-Year Average 14.8 33

Ratio Forms/Sites 2.23 --

Ratio Sites/Form 0.45 --

Unit Burden Estimates

To estimate the burden and costs to industry respondents, several reporting activities (or 

burden factors) are analyzed. These burden items include: form familiarization; reporting; trade 

name notification; CBI substantiation; recordkeeping; and, report submission. Each of these 

activities requires the skills of various labor categories. The section below details each separate 

activity and presents the estimated labor hours required by each task, by labor category

(secretarial, technical and managerial).
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Form Familiarization

In the 1981 PAIR economic analysis1it was estimated that form familiarization would 

require 3 hours of effort from managerial personnel and 4 hours from technical personnel for a 

total of 7 hours per site. The estimate includes efforts for rule familiarization and to determine if 

reporting is required. To calculate the burden on a per report basis, the above estimate was 

multiplied by 0.45, the expected average number of sites per report (i.e., 15 sites / 33 reports). 

This calculation results in a per report burden of 3.15 hours.

Per-Report Burden Hours for Form Familiarization

Activity Secretarial Technical Managerial Total

Form 

Familiarization 0.00 1.8 1.35 3.15

Report Preparation

The 1981 PAIR economic analysis estimated that direct reporting activities would require 

a total of 16 hours of effort per report. This consists of the burden related to the completion of 

the PAIR form. As indicated previously, the respondents are not expected to conduct an 

exhaustive search of their files. Respondents are only required to report what is known or 

reasonably ascertainable to them (see 40 CFR 712.7). The relative distribution of reporting 

burden between managerial, technical and secretarial personnel used in the 1992 PAIR ICR 

update has been retained and is reflected below.

Per-Report Burden Hours for Report Preparation

Activity Secretarial Technical Managerial Total

Reporting 1.25 9.25 5.50 16.00

Given that each site produces an average of 2.23 reports, the per-site burden for report 

preparation is 2.23 x 16 hours, or 35.68 hours.

Trade Name Notification

Some companies may report their customers’ uses as unknown for more than twenty 

percent of their volume. These companies must list under Item 10 of the PAIR reporting form the 

market (trade) name(s) under which they distribute the chemical. This reporting is referred to as 

trade name notification.2

All commercial manufacturing, importing and processing sites that distribute any of the 

chemicals subjected to a PAIR reporting rule under a trade name must take steps to ensure that 

information about the downstream processors is submitted to EPA. Firms may choose among 

several options to meet trade name notification requirements, including:

 

1

Economic Impact and Small Business Definition Analysis for the Final TSCA Section 8(a) Preliminary 

Assessment Information Rule, Final Report, prepared for the EPA by ICF, Inc., Washington, D.C., 1981.

2

40 CFR 712.28 (July 1, 1993).
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1) Submit trade name data to EPA for listing in the Federal Register;

2) Notify all customers of the need to report; or

3) Complete the reporting requirements for each customer.

This ICR assumes that companies will adopt the least-costly reporting alternative of 

providing a trade name list to EPA for inclusion in the Federal Register. However, trade name 

notification is not relevant if processor reporting is not required.

Furthermore, this ICR also assumes that all manufacturers and importers will incur trade

name notification costs, but does not address processors due to the lack of data on processor 

reporting. In the 1994 EPA PAIR ICR,3the unit burden of trade name notification was given as 

3.2 hours (i.e., 2.2 hours managerial and 1.0 hours secretarial). This unit burden assumption was 

retained for this analysis.

Per-Report Burden Hours for Trade Name Notification

Activity Secretarial Technical Managerial Total

Trade Name Notification 1.00 0.00 2.20 3.20

Given that each site produces an average of 2.23 reports, the trade name notification persite burden for trade name notification is 2.23 x 3.2 hours, or 7.14 hours.

CBI Substantiation

A company may make claims of confidentiality for any data element contained in its 

submission. For each CBI (confidential business information) claim, generic information must be 

supplied for a non-CBI copy of the submission (i.e., a sanitized version must also be submitted). 

It is assumed that most of the time required for CBI substantiation involves managerial staff 

discussion of whether or not to make a CBI claim. Furthermore, it is assumed that all firms will 

review their submissions for CBI content. As used in the previous PAIR ICR, the 1986 

alternative CAIR4 CBI substantiation burden estimates have been used in this analysis with 

substantial downward adjustments to account for the less rigorous substantiation requirements in

PAIR reporting rules. CBI claims for a PAIR report can be made by simply checking the

appropriate boxes on the PAIR reporting form. It is assumed that most of the time required for 

PAIR CBI substantiation involves staff discussion of whether or not to make a CBI claim. As a 

result, burden estimates used in CAIR have been reduced by one-half in both labor categories to 

0.5 hours of secretarial time and 4 hours of managerial time per report.

 

3

Burden Hour and Cost Estimates for PAIR Section 8(a) Reporting (1994 Update), internal U.S. EPA memorandum 

from Carol Rawie, Economics, Exposure, and Technology Division to Karen Boswell, Chemical Testing and 

Information Branch, May 16, 1994.

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The alternative Comprehensive Assessment Information Rule (CAIR) estimate was developed to account for 

CAIR-listed chemicals for which respondents were required to answer only a limited number of questions. A 

discussion of the alternative CAIR burden and cost estimates is found in Section 6.6 (pp. 67- 69) of the Estimated 

Cost of the Final Comprehensive Assessment Information Rule, Final Report, U.S. EPA/OPPT/EETD, June 1, 1986 

(prepared for EPA by Kearney/Centaur).
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Per-Substantiation Burden for CBI Substantiation

Activity Secretarial Technical Managerial Total

Trade Name 

Notification 0.50 0.00 4.00 4.50

Based on an analysis of CBI claims for reporting to the TSCA Inventory (discussed in the 

1986 CAIR economic analysis), only 75 percent of reports are expected to make CBI claims. The 

burden distributed across all reports is 4.5 hours x 0.75, or 3.38 hours. Multiplying the adjusted 

report burden and cost by 2.23, in turn, provides the per site burden for CBI substantiations of 

7.53 hours.

Recordkeeping

Pursuant to TSCA section 8(a), the manufacturer/importer or processors of the chemical 

substances identified under PAIR must also maintain records of the information submitted to 

EPA. In addition, since manufacturer/importer or processors that submit data to EPA must 

comply with the GLPS in 40 CFR 792, this ICR also generally covers the burden associated with 

maintaining records as required under the GLPS. These records are used for compliance 

monitoring and enforcement purposes.

As in the previous ICR, EPA estimates that the recordkeeping burden associated with this 

ICR involves about an hour of time for both the secretarial and the technical labor category. This 

burden estimate represents the time necessary for the individuals to identify the information, 

determine the appropriate location for the record to be kept, and placing the record in such a 

location. The per-report recordkeeping burden is therefore estimated to be 2 hours.

Per-Report Burden Estimates for Recordkeeping

Activity Secretarial Technical Managerial Total

Trade Name 

Notification 1.00 1.00 0.00 2.00

The per-site burden for recordkeeping is 2.23 reports x 2.0 hours, or 4.46 hours.

Report Submission

Report submission consists of three elements: preparation and review of a transmittal 

letter to accompany the submission of a report, photocopying the report and mailing costs.

As with the previous ICR, EPA estimates that the per report submission will require 0.5 

hours of secretarial time and 0.5 hours of managerial time for a total of one hour. The secretarial 

burden includes the time required to type the transmittal letter, to photocopy the report, and the 

steps necessary to mail the report package to EPA after management review and approval. The 

managerial time assumes an involvement in the preparation of the transmittal letter and review of 

the report package before it is submitted to EPA.
14

Per Report Burden Estimates for Report Submission

Activity Secretarial Technical Managerial Total

Trade Name 

Notification 0.50 0.00 0.50 1.00

Given that each site produces an average of 2.23 reports, the per site burden for report 

submission is 2.23 x 1 hour, or 2.23 hours.

Total Industry Burden Estimates

Table 2 presents the compilation of the annual burden hour estimates for respondents.

Table 2: Estimated Annual Burden Hours (assuming 2.23 reports per site and 33 reports 

per year)

Burden Item Hours Per Report Hours Per Site Total Annual Hours

Form Familiarization 3.15 7.02 103.95

Reporting 16.00 35.68 528

Trade Name 

Notification

3.20 7.14 105.6

CBI Substantiation 3.38 7.53 111.38

Recordkeeping 2.00 4.46 66.0

Report Submission 1.00 2.23 33.0

Totals 28.73 64.05 947.93

Note: Burden hours are derived from section 8(a) reporting during FY 2006 to FY 2010.

In summary, an average of 14.8 respondents would be required to spend an estimated 

total of 947.93 hours each year to respond to PAIR rules during the period of FY 2012 through 

FY 2014, requiring an average 64.05 hours per respondent.

6(b) Estimating Respondent Costs

This section presents estimates of the cost expected to be incurred as a result of reporting 

under the TSCA section 8(a) PAIR. The total annual industry cost for both reporting and 

recordkeeping is estimated to be $59,158. This estimate is based on the cost of the burden 

estimate provided above, and includes other costs associated with this ICR.

Labor costs in this report have been updated using the most recently available, revised 

wage rates and information on benefits costs. These wage rates are taken from the Bureau of 

Labor Statistics (BLS) Employer Costs for Employee Compensation Supplemental Tables, 

December 2010 (released on March 9, 2011), with the information extracted from Table 2, 

Private industry workers in manufacturing industries, by occupational group. This table is 

available on-line at http://www.bls.gov/news.release/pdf/ecec.pdf in PDF format. The clerical 

wages are taken from the BLS data for “office and administrative support.” The technical wages 

are taken from the BLS data for “professional and related.” The managerial wages are taken from 

the BLS data for “management, business and financial.” Labor wage rates and hourly benefit 

costs taken from those sources have been used to calculate the labor cost to respondents, as
15

shown below. The hourly overhead is calculated as 17 percent of the base wage. This approach is 

used for consistency with Office of Pollution Prevention and Toxics economics practices, and is 

based on the analysis in Wage Rates for Economic Analyses of the Toxics Release Inventory 

Program, Cody Rice, U.S. EPA, Office of Pollution Prevention and Toxics, Economic and 

Policy Analysis Branch, June 10, 2002. This approach, which is now standard practice in this 

office, produces wage and cost estimates that are somewhat lower than the data and methods 

used in the most recent previous 8(a) PAIR ICR renewal analysis. Table 3 presents 2010 hourly 

industry wages.

Table 3: Industry Hourly Labor Costs (2010$)

Wage Component Clerical Technical Managerial

Hourly Wage Rate $17.36 $36.93 $42.82

Benefit Costs $8.67 $18.50 $19.64

Fringe and Overhead Factor 1.67 1.67 1.63

Total Hourly Cost $28.98 $61.71 $69.74

These labor costs are multiplied by the estimated burden hours per activity and added to 

any non-labor costs to develop total unit costs per report. It is estimated that recordkeeping and 

report submission tasks will require expenditures other than labor.

Recordkeeping is estimated to require an additional $33.90 per report for miscellaneous

filing materials while report submission is estimated to require an additional $20.41 per report 

for photocopying and mailing expenses. Total non-burden costs per report are estimated to be 

$54.30. With an annual estimate of 33 reports expected, the total non-burden cost for this ICR is 

$1,792 (rounded to the nearest whole dollar). These non-burden hour costs are identified 

separately on the OMB Form 83-I pursuant to OMB guidance, but are included in the total costs 

here. Finally, unit costs per report are multiplied by the number of reports per site per year to 

arrive at unit costs per site (respondent costs).

1. Form Familiarization

The per-report cost of form familiarization is:

Managerial labor: 1.35 hours@ $69.74/hour = $94.15

Technical labor: 1.8 hours @ $61.71/hour = $111.07

Cost per report = $205.22

The per-site cost of form familiarization is:

Cost per report of $205.22 x 2.23 reports per site = $457.59

2. Report Preparation

The per-report cost for report preparation is:
16

Managerial labor: 5.5 hours @ $69.74/hour = $383.57

Technical labor: 9.25 hours @ $61.71/hour = $570.80

Secretarial labor: 1.25 hours @ $28.98/hour = $36.23

Cost per report = $990.59

The per-site cost of report preparation is:

Cost per report of $990.59 x 2.23 reports per site = $2,208.75

3. Trade Name Notification

The per-report cost for trade name notification is:

Managerial labor: 2.20 hours @ $69.74/hr = $153.43

Secretarial labor: 1 hour @ $28.98/hr = $ 28.98

Cost per report: $182.41

The per-site cost of trade name notification is:

Cost per report of $182.41 x 2.23 reports per site = $406.72

4. CBI Substantiation

The per-report cost for CBI substantiation is:

Managerial labor: 4.0 hours @ $69.74/hour = $278.96

Secretarial labor: 0.5 hours @ $28.98/hour = $14.49

Cost per report = $293.45

Adjusted cost per report = $220.09 (adjustment for 75 percent of reports claiming 

CBI)

 The per-site cost of CBI substantiation is:

Cost per report of $220.09 x 2.23 reports per site = $490.73

5. Recordkeeping

The per-report cost for recordkeeping is:

Technical labor: 1.0 hours @ $61.71/hour = $61.71

Secretarial labor: 1.0 hours @ $28.98/hour = $28.98

Filing materials = $33.90

Cost per report = $124.59

 The per-site cost of recordkeeping is:
17

Cost per report of $124.59 x 2.23 reports per site = $277.80

6. Report Submission

The per-report cost of report submission:

Managerial labor: 0.5 hours @ $69.74/hour = $34.87

Secretarial labor: 0.5 hours@ $28.98/hour = $14.49

Photocopying and mailing5= $20.41

Cost per report = $69.77

The per-site cost of report submission is:

Cost per report of $69.77 x 2.23 reports per site = $155.56

The unit cost per report and unit cost per site, including a breakdown of costs by labor

category, are summarized in Table 4:

Table 4: Reporting Costs by Labor Category and Reporting Activity

Cost Element Secretarial Technical Managerial

Other 

Direct 

Costs

Total Cost Per 

Report

Form 

Familiarization $0 $111.07 $94.15 $0 $205.22

Reporting $36.23 $570.80 $383.57 $0 $990.59

Trade Name 

Notification $28.98 $0 $153.43 $0 $182.41

CBI Substantiation $10.87 $0 $209.22 $0 $220.09

Recordkeeping $28.98 $61.71 $0 $33.90 $124.59

Report Submission $14.49 $0 $34.87 $20.41 $69.77

Per Report Total $119.55 $743.58 $875.23 $54.30 $1,792.66

Note: Annual average reporting cost per respondent = $1,792.66 * 2.23 reports = $3,997.15

The average respondent is assumed to spend $1,793 per report, or $3,997 in total per 

respondent per year. As noted earlier, the Agency is estimating an average of 14.8 reporting sites 

and 33 reports per year. Over all sites, responding to PAIR rules is estimated to cost industry a 

total of $59,158 per year during the period of FY 2012 through FY 2014.

6(c) Estimating Agency Burden and Cost

The estimated annual cost of the PAIR to the federal government is calculated on an 

annual basis. The FY 2010 cost to EPA of a full-time equivalent employee (FTE), Grade 12, 

 

5

The figures for filing materials (item 5, $33.90) and photocopying and mailing ($20.41) were obtained by inflating 

the estimates from the previous ICR ($31.63 and $19.04, respectively), using the GDP implicit price deflator (2006 

annual = 103.3; 2010 = 110.7).
18

Step 1 in the Baltimore-Washington pay area is $74,872 (U.S. Office of Personnel Management 

Internet site at http://www.opm.gov). One FTE is equivalent to 2,080 hours per year. The fully

loaded FTE cost is $119,795. The annual costs per FTE are derived by multiplying the annual 

pay rate by 1.6 (the benefits multiplication factor).

The multiplication factor used is recommended in EPA’s Office of Policy, Planning, and

Evaluation’s Instructions for Preparing Information Collection Requests (ICRs), (June 1,

1992).

Data processing costs have been updated from 2006 to average 2010 dollars using the

GDP implicit price deflator from the Bureau of Economic Analysis (BEA). The BEA GDP price 

index series with a base of 2000 = 100 has the 2006 index at 103.3 and the 2010 index at 110.7, 

so the adjustment factor from 2006 to 2010 is 1.072 (110.7/103.3 = 1.072). Data processing costs 

for the 2006 PAIR ICR update were estimated to be approximately $247.84 per report. Adjusting 

this number to 2010 with the GDP implicit price deflator yields an adjusted data processing cost 

of $265.61 per report (i.e., $247.84 x 1.072 = $265.61). Thus, the total annual data processing 

cost is $8,765.22 ($265.61 per report x 33 annual reports).

This analysis assumes that an annual average of 33 reports will be submitted over the 

three year period of FY 2012 through 2014. Personnel burden and costs associated with 

industry/public assistance and data processing activities have been adjusted based on that 

estimate. From the 1989 PAIR ICR update it has been derived that industry/public assistance 

required approximately 1.5 hours per report. For 33 reports, that works out to 49.5 hours or about 

0.02 FTEs. Similarly, the 1989 PAIR ICR update estimated that about 3.75 hours of data 

processing/system support personnel time would be required per report. For 33 reports, that 

works out to 123.75 hours or 0.06 FTEs.

Table 5 summarizes the government’s activities in developing and administrating the 

PAIR. The required FTEs per activity are retained from the 1996 PAIR ICR update and from the 

previous 8(a) PAIR ICR renewal analyses, for all activities except for the recalculation of the 

two categories of burden discussed in the previous paragraph.

Table 5: Government Burden Summary

Activity Annual Burden

Chemical nomination, review, and selection 0.25

Rule development 0.90

Evaluation of rule 0.05

Industry/public assistance 0.02

Compliance monitoring 0.10

Data processing and system support personnel 0.06

Total Cost 1.38

It is estimated that the annual cost to the federal government will be $8,765 in data 

processing costs plus 1.38 FTEs. At an estimated loaded annual salary of $119,795 per FTE, the 

total of 1.38 FTEs will cost EPA $165,317 in fully loaded labor cost (salaries, benefits, and 
19

overhead). This brings the total costs to the federal government to $174,083 annually (i.e., 

$8,765 + $165,317).

Table 6 presents a summary of the costs to the federal government for this information

collection.

Table 6: Government Estimated Annual Burden and Cost Summary (2010$)

Total FTEs 1.38

Loaded Cost per FTE $119,795

Government Labor Cost $165,317

Government Data Processing Cost $8,765

Total Annual Government Cost $174,083

6(d) Bottom Line Burden Hours and Costs

Respondent Burden and Costs

Total respondent annual burden hours = 947.93 hours

Total respondent annual costs = $59,158

Agency Burden and Costs

Agency burden hours: 1.38 FTEs = 2,870.4 hours

Agency annual costs = $174,083

6(e) Reason for Change in Burden

This request reflects a decrease in the estimated annual burden of 620 hours (from 1,568

hours to 948 hours) from that currently in the OMB inventory. This decrease reflects a decrease 

in the assumed number of PAIR reports filed annually, from an average of 54.2 per year to 33

per year. The more recent average is based on the past five fiscal years (2006-2010) of PAIR 

reporting data. The annual average number of respondents (reporting sites) is 14.8, and has 

decreased from the previous estimated average of 26.0.

6(f) Burden Statement

The annual public burden for this collection of information, which is approved under 

OMB Control No. 2070-0054, is estimated to average 28.7 hours per response. Burden is defined 

in 5 CFR 1320.3(b). An agency may not conduct or sponsor, and a person is not required to 

respond to, a collection of information unless it displays a currently valid OMB control number. 

The OMB control numbers for EPA’s regulations in title 40 of the CFR, after appearing in the 

Federal Register, are listed in 40 CFR part 9 and included on the related collection instrument or 

form, if applicable.

The Agency has established a public docket for this ICR under Docket ID No. EPA-HQOPPT-2010-1008, which is available for online viewing at www.regulations.gov, or in person 

viewing at the EPA Docket Center (EPA/DC), EPA West, Room 3334, 1301 Constitution Ave., 

NW, Washington, DC. The EPA Docket Center Public Reading Room is open from 8:30 a.m. to 
20

4:30 p.m., Monday through Friday, excluding legal holidays. The telephone number for the 

Reading Room is (202) 566-1744, and the telephone number for the Pollution Prevention and 

Toxics Docket is (202) 566-0280. You may submit comments regarding the Agency's need for 

this information, the accuracy of the provided burden estimates and any suggested methods for 

minimizing respondent burden, including the use of automated collection techniques.

Submit your comments, referencing Docket ID No. EPA-HQ-OPPT-2010-1008 and 

OMB Control No. 2070-0054, to (1) EPA online using www.regulations.gov (our preferred 

method), or by mail to: Document Control Office (DCO), Office of Pollution Prevention and 

Toxics (OPPT), Environmental Protection Agency, Mail Code: 7407T, 1200 Pennsylvania Ave., 

NW, Washington, D.C. 20460, and (2) OMB by mail to: Office of Information and Regulatory

Affairs, Office of Management and Budget (OMB), Attention: Desk Officer for EPA, 725 17th 

Street, NW, Washington, DC 20503.